58. However, claims based on respect for privacy and family life do not depend on confidentiality (or secrecy) alone. As Tugendhat J said in Goodwin v News Group Newspapers Ltd [2011] EMLR 502, para 85, “[t]he right to respect for private life embraces more than one concept”. He went on to cite with approval a passage written by Dr Moreham in Law of Privacy and the Media (2nd ed (2011), edited by Warby, Moreham and Christie), in which she summarised “the two core components of the rights to privacy” as “unwanted access to private information and unwanted access to [or intrusion into] one’s … personal space” - what Tugendhat J characterised as “confidentiality” and “intrusion”. 59. Tugendhat J then went on to identify a number of cases where “intrusion had been relied on by judges to justify the grant of an injunction despite a significant loss of confidentiality”, namely Blair v Associated Newspapers Ltd (10 March 2000, Morland J), West v BBC (10 June 2002, Ouseley J), McKennitt v Ash [2006] EMLR 178, para 81 (Eady J), X & Y v Persons Unknown [2007] EMLR 290, para 64 (Eady J), JIH v News Group Newspapers Ltd [2011] EMLR 177, paras 58-59 (Tugendhat J), TSE v News Group Newspapers Ltd [2011] EWHC 1308 (QB), paras 29-30 (Tugendhat J) and CTB v News Group Newspapers Ltd [2011] EWHC 1326 (QB), para 23 (Eady J), to which can be added CTB v News Group Newspapers Ltd [2011] EWHC 1334 (QB), para 3 (Tugendhat J), Rocknroll v News Group Newspapers Ltd [2013] EWHC 24 (Ch), para 25 (Briggs J), and H v A (No 2) [2015] EWHC 2630 (Fam), paras 66-69 (MacDonald J). 60. Perusal of those decisions establishes that there is a clear, principled and consistent approach at first instance when it comes to balancing the media’s freedom of expression and an individual’s rights in respect of confidentiality and intrusion. There has been not even a hint of disapproval of that approach by the Court of Appeal (although it considered appeals in McKennitt [2008] QB 73 and JIH [2011] 1 WLR 1645). Indeed, unsurprisingly, there has been no argument that we should take the opportunity to overrule or depart from them. Accordingly, it seems to me that it is appropriate for this Court to adhere to the approach in those cases. Not only do they demonstrate a clear and consistent approach, but they are decisions of judges who are highly respected, and, at least in the main, highly experienced in the field of media law and practice; and they were mostly decided at a time when access to the internet was easily available to the great majority of people in the United Kingdom. 61. The significance of intrusion, as opposed to confidentiality, in these decisions was well explained in the judgment of Eady J in CTB [2011] EWHC 1326 (QB), where he refused an application by a newspaper to vary an interlocutory injunction because of what he referred to as “widespread coverage on the Internet”. At para 24 he said that “[i]t is fairly obvious that wall-to-wall excoriation in national newspapers … is likely to be significantly more intrusive and distressing for those concerned than the availability of information on the Internet or in foreign journals Page 30

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